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A M a s t e r s G u id e
to Shipboard Accident Response
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M ast e r s G u id e t oS h ip b o a r d A cc id e n t R esp o n se
The purpose of this guide is to list, in simple terms, the actions which
masters should take when there is an incident or problem which may result
in claims against the shipowner or manager. This guide is concerned only
with Protection and Indemnity (P&I) risks, containing advice on how to
protect your owners interests after a problem has arisen. It is not intended
to replace any standing instructions on accidents, emergency response or
reporting which your company has.
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0 1C o n t e n t s
Introduction 2
Basic Advice 3
Collection of Evidence 4
Death or Injury 5
Collisions and Property Damage 6
Pollution 7
Cargo Loss or Damage 8
Bills of Lading 10
Stowaways and Ship Security 12
Contacts 14
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0 2Int roduct ion
Protection and Indemnity (P&I) Clubs insure shipowners and managers for their liabilities to third
parties arising out of the operation of ships. The P&I Club does not insure the hull or machinery of
a ship, only liabilities.
The main elements of P&I cover addressed in this guide are:
personal injuries to crew, stevedores and passengers;
physical damage caused to docks, fixed or floating objects and collision damage caused
to other ships;
pollution;
cargo loss or damage which occurs when the cargo is in the custody of the ship;
stowaway and ship security problems.
The Clubs Rule Book, a copy of which is supplied to your ship, details the cover in Rule 20. The
Club also publishes a Guide to P&I Cover which explains the cover and contains advice on how to
prevent claims (which is accessible on the clubs website www.standard-club.com).
The Club has a network of offices and correspondents around the world who are able to assist
with P&I incidents or problems. If there is an incident or problem the golden rule is always to
contact the local P&I correspondent. Details of the Clubs offices are shown at the back of this
publication and details of the additional correspondents are found in the back of the Rule Book,listed in port order.
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0 3Ba s ic Adv ice
In the event of an incident or allegation which gives, or may give, rise to a P&I problem there are
certain actions which you should always take and certain actions which you should never take.
These actions are listed on this page. The checklists which follow are designed to help you to
remember what to do and who to call.
Always
keep your owner or manager informed;
call the local P&I correspondent;
investigate every allegation of injury, damage, or pollution;
collect any evidence or documentation relating to the incident, including any defective equipment.
Store it in a safe place and label clearly the pieces of evidence. Throw nothing away;
take photographs of any damage or conditions relating to the incident;
instruct witnesses to write notes of what they themselves saw or heard and to draw a diagram,
if appropriate. This should be done as soon as possible after the incident. Write personal notes
about the incident yourself (note 1);
seek the advice of the P&I correspondent before issuing a written statement or report;
if an injury has occurred, complete your companys accident report form and make anentry in the ships log;
limit any report to facts, not personal opinions.
Never
allow a surveyor or lawyer on board the ship or to interview crew members, until he has identified
himself and produced appropriate authorisation to satisfy you that he is acting for your owner or
your P&I Club (note 2);
allow surveyors or lawyers acting for opposing parties on board, unless accompanied by a
surveyor or lawyer acting for your owner;
give written material or physical evidence to opposing lawyers or surveyors. If in doubt,
do not hand anything to anyone;
give an opinion, especially in the accident report, as to who or what was responsible;
allow crew members to express opinions;
admit liability, either verbally or in writing;
sign a document which you know contains incorrect information;
think the problem will go way if you do nothing.
1 You will need these notes during the formal interview with the local correspondent or Club-appointed lawyer to help you remember what
occurred.
2 The importance of preventing strangers from visiting the ship and collecting information cannot be over-emphasised. However, there may
be circumstances where it is impossible for you to prevent this from happening.
Notes
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0 4Collect ion of Evidence
Remember that the evidence relating to the incident is likely to be found on board the ship and
that this evidence will be needed by the Club to defend claims which are received from injured
persons, the owners of damaged cargo or property, or from a terminal operator.
Ships masters have an important role the collection of evidence which will help the Club to
evaluate the damage and to establish liability. The golden rule is that evidence should be collected,
recorded and preserved.
Memories fade. It is therefore imperative to write notes on how the incident occurred as soon as
possible after the event. This guide will help you to determine what information is needed. TheMariners Role in Collecting Evidence, published by the Nautical Institute, also contains detailed
lists of the information which is required to defend particular claims. This publication is
recommended to all ships masters.
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0 5De ath or In jury
Whenever there is a death, injury or even an allegation of injury on board, or in the vicinity of the
ship, always inform the local Club correspondent, regardless of whether the injured person is a
crew member.
General Procedures
always investigate and complete your companys accident report form (for all
accidents not just for crew injuries);
report the incident to your owner or manager;
other than completion of your companys accident report form, never make a formal statement or
express an opinion as to what occurred. Complete your accident report form but do not give any
other statement except to the lawyer appointed by the Club. This will be privileged and cannot be
used against your employer in court;
in the event of injury following an accident:
in port, notify your owner or manager and the P&I correspondent;
at sea, notify your owner or manager, obtain radio medical advice;
as well as completing the accident report, write a detailed description of what occurred
(these notes will help to refresh your memory during the subsequent interview with alawyer);
ask witnesses to write a detailed description of what they saw or heard (you will need a
special
form for this which is supplied by your owner or manager);
if ships equipment or the ships structure was involved in the injury, examine the
equipment, take photographs of the place where the accident is said to have occurred (and
record the time and the date of photographs), retain and properly label broken pieces.
Afterwards, obtain a copy of the maintenance record of the equipment and any applicable
tests;
conduct an inspection of the location where the accident occurred with the Clubs appointedsurveyor or local correspondent;
always keep detailed records of all medical treatment given on board and any independent
advice received.
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0 6Col l is ions and Proper ty Damage
The P&I Club does not cover damage caused to the ship itself that is the responsibility of the hull
underwriters. If a collision only results in damage to your ship, your P&I Club will probably not be
involved financially but it may assist the owner. However, the damage caused to the other ship in a
collision may be insured by the P&I Club or by the hull underwri ters or by both of them. P&I Clubs
always insure liabilit ies resulting from collisions relating to pollution, personal injury, cargo and
other property damage.The P&I Club usually covers damage to docks and other fixed property, but
sometimes this is covered by the hull underwriters.
General Procedures
alert your owner or manager, the relevant authority and the P&I correspondent. Advise them of
the other ships name and port of registry, details of the property damaged, and the date, time
and location where the incident occurred. Outline the extent of the damage, and whether injury
or pollution has occurred.
The Club will invariably investigate the incident to find out the cause and who is to blame. To
assist the Club you will need to assemble the information as set out below:
instruct those on watch (on the bridge and in the engine room) and any other potential
witnesses on board to make personal notes regarding the incident as soon as possible, but
they should note down only the facts and times;
copies of navigation charts which detail courses and positions for a period of at least sixty
minutes before the collision and rough bridge notes;
printouts, with times, from the GPS, course recorder, engine log, echo sounder;
rough bridge notebook, radar, gyro, radio and weather logs;
standing orders/night orders;
the passage plan and pilot card (if relevant) with details of additional information which may
have been passed between the master and the pilot;
names and the position of tugs which are made fast or in attendance, and the time when
each tug arrived.
check the synchronisation of bridge, engine room and other clocks;
take photographs of any damage to your ship and the other ship or dock. If possible, estimate
the angle of blow, the ships speed, the other ships speed and both ships courses;
remember not to admit liability when questioned (in most collision cases investigated by the
Club, both parties, to a greater or lesser extent, have been found to blame), and take special
care to prevent unauthorised surveyors and lawyers from boarding the ship;
brief crew members, tell them the facts and instruct them not to discuss the incident
with anybody;
depending upon the damage caused during the collision, a survey of the ships damage or of
the cargo or an accident investigation may be necessary the P&I correspondent will arrangethese surveys;
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0 7Pollut ion
if injuries, pollution or cargo damage have resulted from the incident, check the relevant pages
of this guide for the recommended action;
if the damage has been caused by ships wash, make a list of all other vessels which passed
at or near the time of the incident;
if possible estimate their course, speed and distance from your ship.
The most common type of pollution is by oil. However, P&I cover is not limited merely to oil
pollution; any pollution which originates from or is caused by the ship is covered (e.g. smoke or
garbage). If you see orsuspect pollution from your ship, the golden rule is to take action, no matter how small the
pollution may be, even if you are not certain that your ship is to blame.
General Procedures
investigate every allegation of pollution, not just allegations of oil pollution;
suspend all pumping operations and close all valves in bilge, ballast, bunkering
and cargo systems;
inform port control, your owner or manager and the P&I correspondent ask for a surveyor (if
the port authority is carrying out an investigation, ask for a lawyer as well);
if in US waters, make sure you follow the vessels response plan (tankers), otherwise follow
the SOPEP
identify other ships in the vicinity and underwater pipelines;
if possible, identify the source and cause of the pollution;
take photographs to show the extent of the pollution;
if possible, collect samples, seal and date them;
if the pollution originates from a tank overflow, obtain the following information from whoever
was involved and write it down:
sequence of events which led to the pollution;
pump start and stop times;
agreed pumping rate;
tank volume;
topping off procedure;
record of soundings.
if the pollution has been caused by failure of ships equipment, assemble details of recent
examinations, maintenance or tests, plus a test certificate if a flexible hose.
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0 8C a r g o L o s s o r D a m a g e
P&I Clubs do not directly insure the cargo for loss or damage but they do insure shipowners or
managers for their liability to cargo owners for loss or damage arising while the cargo is in the
custody of the ship. Many cargo claims are prevented by good maintenance, careful handling,
stowage and transportation.
General Procedures
At the loading port
Cargo is often damaged before shipment. If the damage goes unnoticed before the cargo is loaded
and clean bills of lading are issued, receivers will claim against the shipowner for pre-existing
damage. There are different reasons for pre-shipment damage and you should look out for the
following:
cargo loaded with debris or foreign bodies;
cargo damaged or in substandard condition when loaded;
cargo exposed on the quayside prior to loading.
if cargo is being loaded which shows signs of damage - stop loading and call the P&I
correspondent. The mates receipts and bills of lading may have to be claused;
if water-sensitive cargoes are carried, note in the ships cargo log the storage conditions prior
to loading and method of delivery to the ship;
if cargo is steel products, always arrange with the local P&I correspondent for a pre-loading
survey.Cargo can also be damaged during loading:
by rain;
by the stevedores;
or
because the cargo hold or tank has not been cleaned properly or prepared for the cargo;
because it is stowed improperly or in the wrong location inside the ship.
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0 9C a r g o L o s s o r D a m a g e Cont inued
These last two causes are generally your responsibility.
if cargo is loaded in the rain, stop loading and close the hatch covers. Note down the periods
of rain when the hatch covers were open. It may be necessary to discharge wet cargo;
if cargo is roughly handled by stevedores, protest and make a note of the damage;
make sure cargo holds or tanks are clean and ready to receive the cargo where possible
inspect the spaces before loading. The fact that holds are passed by surveyors representing
charterers or shippers is not enough to relieve the ship of liability if the holds are not in fact
suitable for the cargo;
check stowage before loading (ask for a stowage plan and find out the proposed location for
stowage of heavy, hazardous or sensitive cargoes);
if loading oil products or chemicals, witness any sampling, review the results of any tests on
the samples, store the samples in a secure location - check for contamination.
Cargo can be damaged during the ocean voyage because it has been stowed badly.
always supervise stowage and insist upon changes if stowage is inappropriate, unsafe or
likely to damage cargo. If in doubt, call the local P&I correspondent and ask for a surveyor
to examine the stow.
During the voyage
Damage often occurs during the voyage because of moisture or because the stow shifts.
check lashings before departure and during the voyage. Check with charterers for ventilation
and carriage temperature requirements (only ventilate when you are sure the conditions
are correct).
At the discharge port
If cargo is found damaged on arrival at the discharge port you should:
notify your owner or manager;
immediately call the P&I correspondent and arrange the attendance of a surveyor;
delay discharge until the nature and extent of the damage is found;
if short-delivery or contamination is reported, contact the P&I correspondent: you will need a
surveyor to witness any sampling or to calculate the shortage.
Notes
Some wet damaged cargoes can give off gas. Access to cargo holds should be restricted until the hold atmosphere has been tested and
declared safe.
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10Bills o f La ding
The bill of lading is a record of the quantity of cargo and of its apparent order and condition at the
time of shipment and, as such, is a vitally important document. Cargo damage or shortage claims
can result from errors in the quantity and condition of cargo recorded on the bills of lading. The bill
of lading also represents the cargo itself and possession of the original bill indicates who is
entitled to receive the cargo at the discharge port. If you have any doubt about dealing with bill
of lading problems, call the local P&I correspondent immediately.
General Procedures
Typical discrepancies with bills of lading:
wrong port and date;
quantity of cargo incorrect;
description of cargo incorrect;
condition of cargo incorrect.
check the details on the bills against tally sheets, mates receipts, boat notes, draft surveys;
note on the bills any details of damaged cargo, or short-delivered cargo, or any other
discrepancies. (Guidelines on how to describe pre-shipment damage to steel cargoes is
contained in the Clubs Guide to P&I Cover. If in doubt call the local P&I correspondent and askfor a surveyor).
It is not your job to decide whether the cargo is marketable, only to decide whether it is in
apparent good order and condition, this is particularly relevant to steel cargoes.
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11Bills o f La ding Cont inued
Typical Problems
shipper objects to the bills being claused - notify your owner or manager and P&I
correspondent immediately;
if you suspect that the agents have signed bills on your behalf without checking the mates
receipts or without noting on the bills any remarks which are in the mates receipts inform
your owner or manager immediately;
the bill of lading is not presented at the discharge port by the person requesting delivery of
the cargo - notify your owner or manager or the P&I correspondent immediately.
Golden Rules
never sign wrongly dated bills;
never sign clean bills for damaged cargo or for cargo which is not in apparent good order
and condition;
never sign bills for cargo which has not been loaded;
always call the P&I correspondent if you have any problem with the condition and quantity
of cargo or with the bills of lading;
never deliver cargo to a third party without presentation of the original bill;
never discharge cargo against a letter of indemnity without your owners or managers
or the Clubs agreement.
If it is agreed to retain one original bill of lading on board against which the cargo may be
delivered, the shippers/charterers instructions for procedures at the discharge port must be
strictly followed. In such a case, to protect the shipowner from a claim for mis-delivery of the
cargo, all original bills of lading should be endorsed as follows:
One original bill of lading retained on board against which delivery of cargo may properly be
made on instructions received from shippers/charterers.
always advise your owner or manager of any deviation which involves cargo discharge.
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12St o w a w a y s a n d Sh ip Se c u r it y
The costs of repatriation of stowaways (as well as sick crew members) are covered by the Club.
Repatriation of stowaways can be difficult, time consuming and expensive always complete a
thorough stowaway search before departure and always maintain a gangway watch.
Stowaways
What to do when stowaways are found:
confine them to a secure area, particularly when in port or coastal waters (in port it may
be necessary to arrange for security guards);
search them and their place of concealment for identification papers, weapons or drugs;
if no identification papers are found, interview the stowaways and endeavour to ascertain
the following information:
name of stowaway;
stowaways date and place of birth;
nationality of stowaway;
name, date and place of birth of either or both of the stowaways parents;
postal and residential address of the stowaway and either or both parents;
stowaways passport No., together with date of and place of issue;
stowaways next of kin, if different from above.
advise your owner or manager immediately and the P&I correspondent at the next port as soon
as possible, providing all available details and the ships future itinerary;
treat them firmly, but humanely, allowing adequate sustenance;
do not add stowaways to the crew list.
make a note of any pre-existing illness or injury.
Drugs
Fines for drugs discovered on board may be covered by the Club.
If drugs are discovered:
if your owner or manager is a signatory to either the UK Anti Drug Alliance or US Sea Carrier
Initiative Agreement, follow the guidelines set out in those agreements;
inform your owner or manager, the appropriate authorities and the P&I correspondent at the next
port immediately;
photograph the drugs in their place of concealment;
ensure that retrieval of the drugs and stowage in a secure place, preferably in the ships safe, is
witnessed;
minimise all contact with the substances and DO NOT attempt to taste or smell them;
record full details of the discovery and subsequent procedures in the log book, and follow this
up with a full written report.
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13
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14C o n t a c t s
The Standard P&I Clubs are managed by companies within the Charles Taylor Consulting group. You should
contact our London office or any of the following offices listed opposite.
UK London
Charles Taylor & Co. Limited
International House, 1 St. Katharines Way
London, E1W 1UT England
Telephone: +44 (0) 20 7488 3494
Fax: +44 (0) 20 7481 9545E-Mail: p&[email protected]
Websites: www.standard-club.com
www.CharlesTaylorConsulting.com
Emergency cellular telephone number: +44 (0) 7932 113573
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15For fur ther In form at ion c ontac t the
St a n d a r d C lu b s M a n a g e r s o r t h e ir o f fic e s a r o u n d t h e w o r ld
Australia Sydney
Charles Taylor P&I Management (Australia)
Level 10, 8 Spring Street
Sydney, NSW 2000
Australia
Telephone: +61 2 9252 1599
Facsimile: +61 2 9252 9070
E-Mail: p&[email protected]
Hong Kong
Charles Taylor P&I Management (Hong Kong)
2001-3 20/F SUP Tower, 75-83 Kings Road
North Point, Hong Kong
Telephone: +852 2527 3215
Facsimile: +852 2838 4499
E-Mail: p&[email protected]
Japan Tokyo
The Standard P&I Club Japan Liaison Office
3/Fl. Parkside 7 Chiyoda-Ku,
2-10-12 Kandatsukasa-cho
Tokyo 101-0048
Telephone: +81 3 3255 2272
Facsimile: +81 3 3255 2209
E-Mail: p&[email protected]
Philippines Manila
Charles Taylor P&I Management (Philippines)
Suite 303, Marbella Manila Building
2071 Pres. Roxas Blvd., Malate
Metro Manila 1000
Telephone: +63 2 521 8623
Facsimile: +63 2 521 1987
E-Mail: p&[email protected]
USA Houston
Charles Taylor P&I Management (Houston)
1111 North Loop West, Suite 920Houston, Texas 77008
Telephone: +1 713 993 9775
Facsimile: +1 713 993 9746
E-Mail: p&[email protected]
Bermuda Hamilton
Charles Taylor & Co. (Bermuda) Limited
Dallas Building, 7 Victoria Street
Hamilton, Bermuda
PO Box 1743 HMGX
Telephone: +1 441 292 3103
Facsimile: +1 441 292 8992
E-Mail: p&[email protected]
Telex: 3343 BA
India Mumbai
Richards Hogg Lindley (India) Limited
319 Maker Chambers V, 221 Nariman Point
Mumbai, India
Telephone: +91 22 283 5851/2 (91) 22 282 2560
Facsimile: +91 22 283 59151
E-Mail: p&[email protected]
Mexico
Charles Taylor Consulting Mexico, S.A. de C.V.
Insurgentes Sur 1027, Desp.202
Col. Ciudad de los Deportes, Mexico D.F/ 03710
Mexico
Telephone: +52 5 598 8858
Facsimile: +52 5 598 50567
E-Mail: p&[email protected]
Singapore
Charles Taylor Mutual Management (Asia)
Pte. Limited
140 Cecil Street, 10-02 PIL Building
Singapore 069540
Telephone: +65 221 1060
Emergency mobile: +65 9624 5797
Facsimile: +65 221 1082
E-mail: p&[email protected]
USA New York
Charles Taylor Mutual Management Inc.
40 Exchange Place, New YorkNY 10005-2701
Telephone: +1 212 809 8085
Emergency mobile: +1 646 321 2146
Facsimile: +1 212 968 1978
E-Mail: p&[email protected]
Greece Piraeus
Charles Taylor & Co. Limited
c/o Richards Hogg Lindley
(Hellas) Ltd., 85 Akti Miaouli,
Piraeus 185 38, Greece
Telephone: +30 1 429 0733 (30) 1 429 0734
Emergency mobile: (30) 944 761147
Facsimile: +30 1 429 0818 (30) 1 429 0950
E-Mail: p&[email protected]
Indonesia Jakarta
Charles Taylor P&I Management (Indonesia)
Gedung Artha Graha, Lantai 16
Kawasan Niaga dan Hunian
Terpadu Sudiram Kav 52-53, Jakarta
Telephone: +62 21 515 2084
Facsimile: +62 21 515 2085
After hours: +62 21 740 1245
Emergency mobile: +62 816 994 704
E-Mail: p&[email protected]
Netherlands Rotterdam
Charles Taylor P&I Management (Netherlands)
Rotterdam Building, Aert Van Nesstraat 45
3012 CA Rotterdam
Telephone: +31 10 411 1690
Facsimile: +31 10 433 3530
After hours: +180 550 459 (31) 10 414 8247
Emergency mobile: +31 653 194564 (31) 653 188137
E-Mail: p&[email protected]
Taiwan Taipei
Charles Taylor P&I Management (Taiwan)
1205-7 12/f , 237 Fu Hsing South Road
Sec 2, Taipei 106 Taiwan, ROC
Telephone: +886 2 2706 6509
Facsimile: +886 2 2700 1441
E-Mail: p&[email protected]
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The Standard P&I Clubs loss prevention programme focuses on best practice
to avert those claims that are generally described as avoidable, and which
often result from crew error or equipment failure. In its continuing
commitment to safety at sea and the prevention of accidents, casualties and
pollution, the Club issues a variety of publications on safety-related subjects,
of which this is one. For more information about these publications please
contact either the Managers London Agents or any Charles Taylor office listed
in this guide.
Alternatively visit the clubs website www.standard-club.com
A Masters Guide to Shipboard Accident Response is pub lished on behalf of t he Standard P& I Club,by the Managers London Agents, Charles Taylor & Co Limited, International House, 1 St Katharines Way, London E1W 1UT.